Title 10, Title 10

An employer may not deny employment, reemployment, reinstatement, retention, promotion, or any benefit of employment or obstruct, injure, discriminate against, or threaten negative consequences against a person with regard to employment because of the person's membership, applica…

(1) A member ordered to state military duty is entitled to a leave of absence from the person's employment during the period of that state military duty. (2) A leave of absence for state military duty may not be deducted from any sick leave, vacation leave, military leave, or oth…

(1) Subject to the provisions of this section, after a leave of absence for state military duty, a member is entitled to return to employment with the same seniority, status, pay, health insurance, pension, and other benefits as the member would have accrued if the member had not…

(1) If an elected official is ordered to military service, the official is entitled to a leave of absence for the duration of the military service. (2) An elected official's leave of absence pursuant to this section does not create a vacancy in office or require the official to f…

(1) (a) An employee of the state or of any political subdivision, as defined in 2-9-101, who is a member of the national guard of Montana or any other state or who is a member of the organized or unorganized reserve corps or military forces of the United States and who has been a…

Unless the context requires otherwise, in this title, the following definitions apply: (1) "Department" means the department of military affairs. (2) "Militia" means all the military forces of this state, whether organized or active or inactive. (3) "National guard" means the arm…

(1) When an elected official is ordered to military service, an acting official must be appointed as provided in this section if: (a) the elected official is precluded pursuant to federal law from performing the official duties of the office; or (b) the elected official requests …

(1) A person entitled to rights or benefits under this part and who claims that an employer has failed or is about to fail to comply with the provisions of this part may file a complaint with the department as provided in this section. (2) A complaint under this section must be: …

(1) The department shall provide assistance to any person with respect to the employment rights and benefits to which the person is entitled pursuant to this part. The department may request the assistance of federal or state agencies engaged in similar or related activities and …

To carry out its enforcement and investigative duties under this part, the department has the power to: (1) enter and inspect the places, question the employees, and investigate the facts, conditions, or matters that the department considers appropriate to determine whether an em…

(1) A complaint that could not be successfully resolved pursuant to 10-1-1016 must be referred by the department to the state attorney general if the complainant requests the referral pursuant to 10-1-1016(4). (2) (a) Except as provided in subsection (2)(b), if the state attorney…

Nothing in this part may be construed as infringing on a person's right to file an independent lawsuit to seek relief as a private party from an alleged violation of this part. However, if a person files a complaint with the department as provided in 10-1-1015, the person must ha…

Under the direction of the governor, the department shall: (1) keep a roster of all officers and enlisted persons of the militia of this state whether active, inactive, or retired; (2) supervise, administer, and coordinate civil defense and disaster control activities; (3) recrui…

In any lawsuit initiated pursuant to this part: (1) the lawsuit must be brought in the district court in the county in which the claimant's employer maintains a place of business; (2) the lawsuit may be initiated only by a person claiming a right or benefit under this part or by …

(1) In a lawsuit initiated pursuant to this part, the court may provide one or more of the following remedies: (a) require the employer to comply with the provisions of this part; (b) require the employer to compensate the complainant for losses suffered by the complainant becaus…

(1) There is an account in the state special revenue fund to the credit of the department of justice for the payment of compensation awarded by a court pursuant to 10-1-1021. (2) In a lawsuit by the state attorney general under 10-1-1018, if paid compensation or liquidated damage…

The department and the department of justice may adopt rules to implement the provisions of this part.

The classes of the militia are: (1) the organized militia, which consists of the national guard and the Montana home guard; (2) the unorganized militia, which consists of the members of the militia who are not members of the organized militia.

(1) Federal laws and regulations, forms, precedents, and usages relating to and governing the armed forces of the United States and the national guard, as in effect on October 1, 2025, insofar as they are applicable and not inconsistent with the constitution and laws of this stat…

(1) The governor may prescribe rules to carry out the functions and duties under this title and the constitution of this state. (2) The adjutant general may adopt rules and regulations governing the armed forces of the state and to carry out the duties of the adjutant general and…

(1) Subject to subsections (2) and (3), when the militia is employed in aid of civil authority, the governor may by proclamation declare any part of a county or municipality in which troops are serving to be subject to martial rule. (2) The governor shall confer with the presiden…

All property issued to organizations and members of the organized militia remains public property.

(1) A county, city, or town may convey or lease real property to the state for armories or other military facilities. (2) A county, city, or town in which a unit of the national guard is organized and regularly stationed may provide any part of the funds to build an armory. The a…

The department of military affairs may lease real property for armories or other military facilities.

The state, an officer, employee, or agent of the state, or a member of the militia may not be held liable in a civil action for damages that result from an action that occurs while the officer, employee, agent, or member is considered an employee of the federal government under t…

The adjutant general or the adjutant general's designee may request from a prosecutor or a law enforcement agency confidential criminal justice information, as defined in 44-5-103, relating to a member of the national guard for use in an administrative action. If the prosecutor o…

In a case where the offense under investigation is also an offense against civil authority, the adjutant general or the adjutant general's designee may order the suspect to be turned over to the appropriate civil authorities of this state for charging and trial.

(1) The department of administration shall, upon certification by the department as provided in subsection (2), make a death benefit payment by state warrant in the amount of $50,000 to the beneficiary, as provided in subsection (3), of a member of the national guard who dies in …

The payment to a beneficiary certified pursuant to 10-1-1201 is statutorily appropriated, as provided in 17-7-502, from the general fund to the department of administration.

This part may be cited as the "Montana Military Family Relief Fund Act".

(1) There is a Montana military family relief fund. (2) The purpose of the fund is to aid members and their family members through the hardships of military service. (3) The department shall administer the fund as provided in this part.

(1) There is a Montana military family relief fund account in the state special revenue fund provided for in 17-2-102. All money transferred to the fund by the legislature, all monetary contributions, gifts, and grants donated to the fund, all contributions made to the fund pursu…

As used in this part, the following definitions apply: (1) "Account" means the Montana military family relief fund account established in 10-1-1303. (2) "Contingency operation" means an assignment within the provisions of 10 U.S.C. 101(a)(13). (3) "Family member" means a person w…

Subject to the availability of money in the account and 10-1-1306, the department shall use the money in the account to make the following grants to members and to family members: (1) a status-based grant of $250 to each family member of a member who is activated for federal serv…

(1) (a) A member who at any time prior to the disbursement of grant money receives a punitive discharge pursuant to the federal Manual for Courts-Martial or an administrative discharge with service characterized as other than honorable conditions is ineligible for any grant under…

The department shall adopt rules pursuant to 10-1-105 to implement and administer the provisions of this part. The rules must ensure that all similarly situated members and family members are treated equitably and must include but are not limited to provisions regarding: (1) appl…

(1) A member or a family member may apply for a grant authorized under 10-1-1305 on forms provided by and in the manner prescribed by the department. (2) (a) A committee of three members shall review all applications for needs-based grants and shall recommend to the adjutant gene…

(1) If the adjutant general denies an application for a grant, the adjutant general shall explain the basis for the denial to the applicant in writing. (2) An applicant whose application is denied may appeal the decision in writing to the adjutant general in the manner prescribed…

The department may accept monetary contributions, gifts, or grants to the fund. Upon receipt, monetary contributions, gifts, and grants must be deposited into the account.

A youth challenge program provided for pursuant to 32 U.S.C. 509 may be established in the department.

It is the intent of the legislature that: (1) the youth challenge program assist youth between 16 and 18 years of age to achieve a quality education and develop the skills and abilities necessary to become productive citizens; (2) the youth challenge program focus on the physical…

Subject to 32 U.S.C. 509 and its implementing regulations and applicable agreements, the youth challenge program may be staffed by an administrator and the professional, technical, secretarial, and clerical employees necessary for the performance of the youth challenge program's …

This part may be cited as the "Military Area Compatibility Act".

The legislature finds and declares that: (1) the ability of the United States military to train and operate effectively in Montana is crucial to the nation's defense; (2) increasing development pressures in and around existing military facilities and training areas represent a po…

For the purposes of this part, the following definitions apply: (1) "Airport" has the meaning provided in 67-1-101. (2) "Governing body" has the meaning provided in 67-7-103. (3) (a) "Military affected area" means land used for military purposes or in close proximity to military …

(1) A governing body of a political subdivision within which military operations occur may, in consultation with the appropriate military authority, designate a military affected area and may adopt, administer, and enforce military affected area regulations. (2) The designation o…